Mutual Exchange Application - To be completed by all applicants - Merthyr Valleys Homes

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Mutual Exchange Application - To be completed by all applicants - Merthyr Valleys Homes
Mutual Exchange
  Application
  To be completed by all applicants

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Mutual Exchange Application - To be completed by all applicants - Merthyr Valleys Homes
Please read the following before
proceeding with this application:

Section 49 of Merthyr Valleys Homes Assured Tenancy agreement
gives you the right to mutually exchange properties. Ensure you
read the statements below which are contained within Merthyr
Valleys Homes Assured Tenancy Agreement:
   •   You have the right to exchange your tenancy by way of assignment with
       another periodic or secure tenant of a registered Housing Association or
       Local Authority subject to first getting our written consent. We will only
       refuse consent in the same circumstances where a council landlord
       would be able to refuse consent.
   •   If you exchange your home without written consent we may take legal
       action to evict you.
   •   You must not charge any premium in relation to exchange a tenancy.

Before you can exchange:
You cannot exchange without written permission from Merthyr Valleys Homes. If the
home you are hoping to move to is not a Merthyr Valleys Homes property, written
permission will need to be sought from the landlord of that property. All tenants
named on the tenancy agreement must consent to the exchange.

In order to apply for a mutual exchange you need to have an Assured Tenancy. If
you have an Assured Short hold tenancy you will be unable to undertake a mutual
exchange. A deed of assignment must be completed before the exchange can go
ahead. Two gas, and if required, two electricity safety checks will also be made at
the initial application stage and finally before any move is approved.

Your responsibilities:
Before making an application for a mutual exchange you should ensure that the
property you are proposing to move to meets the needs of you and your family. This
                                                                                      INFORMATION

includes the size of the property, and the number of bedrooms needed to
accommodate you, and members of your household, with regards to the changes to
Housing Benefit recently introduced (under occupancy charges).

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Mutual Exchange Application - To be completed by all applicants - Merthyr Valleys Homes
You must inspect the property before exchanging. You will be agreeing to accept the
property in its current condition, including any fixtures, fittings and decoration as well
as responsibility for any modifications or adaptations that the current tenant may
have undertaken, including the garden or any other external structures. Any issues
you find must be resolved with the current tenant.

The cooking, utility or plumbing facilities at the property you want to move to should
be compatible with those at your current property – for example, cookers;
connections for washing machines, dishwashers, or plumbing. You are responsible
for ensuring any required connections are installed. All work undertaken must be
by a qualified accredited person.

You should also ensure that the property meets any access requirements you or any
family member may have. You may have limited mobility or require adaptations at
the property you are proposing to move to. The new property should therefore be
suitable for immediate occupation without the need for any additional works.

It is your responsibility to ensure the proposed property is suitable and meets your
needs and you will be asked to sign an indemnity form to this effect before your
application will be granted. Merthyr Valleys Homes will not rectify any non-standard
items, damages that need to be repaired or any alterations that do not meet our
required standards.

How Merthyr Valleys Homes will deal with your application:
Merthyr Valleys Homes cannot unreasonably refuse your application and we will let
you know our decision as quickly as possible, this will be within 42 days (including
weekends) of the date of your application.

Conditional Consent

Under Schedule 3 Section 92 Housing Act 1985 conditional permission or refusal
can be provided by a landlord to a Mutual Exchange Application, notice of refusal or
consent will be in writing.

Conditional consent for a mutual exchange will be considered in cases where the
tenant has indicated, or can provide evidence that they are in a position to resolve a
particular issue or breach of tenancy enabling the application to proceed.

Examples would include:

•      Rental Arrears or other money owed to us.
•      You have damaged your property and need to undertake repairs.
                                                                                             INFORMATION

•      Either property is not in suitable condition.
•      You have breached or failed to comply with your tenancy obligations: for
       example if your home or garden is in poor condition.

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Reasons for refusing a mutual exchange

Grounds for refusal as set out in schedule 3 of the Housing Act 1985:

•     A possession order is in existence at either property.
•     Possession proceedings have started at either property.
•     A relevant order is in force or court action to obtain such an order is pending
      in respect of the tenant, proposed assignee, or a person residing with them
      which can include injunctions against anti social behaviour, an anti social
      behaviour order, a Demotion Order or a Possession Order on grounds of
      nuisance.
•     There will be under occupation or overcrowding.
•     The property is part of or within a building which is used for mainly non
      housing purpose or is let as a condition of employment.
•     The Landlord is a charity and proposed applicant/assignee would not meet the
      criteria for assistance with that charity.
•     The property has been adapted to suit the needs of a physically disabled
      person and the proposed applicant/assignee would not require those
      adaptations /is not considered physically disabled.
•     The landlord is a Housing Association or Trust that accommodates only
      applicants of a specific group and the applicant does not meet that criteria.
•     The property is of a group that are normally occupied by tenants with special
      needs, there are special facilities nearby designed for persons with the type
      of special needs and the applicant does not require that type of specialist
      accommodation.
•     The property is managed by a management co- operative and the applicant is
      not willing to join the co-operative.
•     It is established that, the applicant has exchanged homes with another tenant
      and either paid money to, or received money from, the other tenant as a
      condition of making the exchange.

Please return the forms to:

                           Merthyr Valleys Homes
                                Ty Brychan
                             22 Lansbury Road
                                  Gellideg
                                                                                        INFORMATION

                               Merthyr Tydfil
                                 CF48 1HA

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Your details:
1. Applicant details
Name

Address

Contact      Home                           Mobile

E Mail

2. Your family details
Please list below all persons who will be moving with you including
yourself.
Surname First             Date of    Relationship Marital      Sex
             Names        Birth      to applicant status       M/F

3. What type of property do you currently live in?
Property Type                            (Tick as          Number of
                                        applicable)        bedrooms
House
Flat/ what Floor?
Bungalow
Sheltered Scheme
Bedsit/maisonette

4. Who is your Landlord?
                                                                       TENANT DETAILS

Name
Address
Contact
Email

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5. When did your tenancy commence?

6. Garage (if any)
Address:

Note: that if you rent a garage with us, the garage cannot be treated as
part of this mutual exchange and cannot be taken over by the incoming
applicant. If you require a garage you can register your interest with
Merthyr Valleys Homes.

7. Details of any pets you may have
Type of pet                                            Number of pets

8. Why do you wish to move?

9. What type of tenancy do you have currently? Tick one box
Assured/Secure       Assured Short hold    Don’t Know:

 You cannot undertake a mutual exchange if you hold an Assured
                      short hold Tenancy

10. How did you find out about this exchange? (Please tick)
Home swapper or other scheme
Advertising
                                                                           .TENANT DETAILS

Friends
Other

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Your proposed property:

11. Details of the people you want to swap with
Name:

Address:

Telephone Number:
Property Type                 (Tick as applicable)       Number of
                                                         bedrooms
House
Flat/ Floor
Bungalow
Sheltered Scheme
Bedsit/Maisonette

12. Landlord details
Name:

Address:

                                                                     PROPOSED PROPERTY DETAILS
Contact       Office                     Mobile
Email
When did the tenancy start?

Type of tenancy - Tick one box
Secure/Assured:        Assured:                      Don’t Know:

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TENANT DECLARATION

Merthyr Valleys Homes cannot unreasonably refuse your application and we will let
you know our decision as quickly as possible, this must be done within 42 days
(including weekends) of the date of your application. In order to progress your
application we may need to disclose some of your information to other relevant third
party agencies.

Merthyr Valleys Homes Limited (MVH) is a Registered Social Landlord and the first
tenant and employee mutual in Wales.

We will comply with the General Data Protection Regulation and the Data Protection
Act 2018.

This form needs to be completed to apply for a mutual exchange, and to fulfil the
terms of our contract with you.

We will update our housing management systems when you make a request to apply
for a mutual exchange. The information will be held securely, and we may also be
required to notify third parties, for example the Housing Benefit and Council tax
departments at the Local Authority. The information will be kept for the term of your
tenancy and for six years after your tenancy ends.

You have a number of rights under the General Data Protection Regulation (GDPR).
You have the right to access your personal information that we process about you,
and if you believe that the information we hold is incorrect, you can request that we
correct it.

You also have the right to ask us to delete or remove your personal information if
there is no reason to continue processing it, in addition to this, you can ask for your
information to be suspended. In instances where you have provided consent to the
collection, processing and transfer of personal information for a specific purpose, you
also have the right to withdraw your consent.

If you wish to make a complaint regarding the way your information has been
processed, you can contact the Information Commissioner’s Offfice.

A full copy of our        privacy   notice       can   be   found   on   our   website   at
www.mvhomes.org.uk

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Declaration:

I/We confirm I/we wish to carry out a mutual exchange by assigning my/our tenancy
to the persons listed in paragraph 11 of this form.

I/we confirm that I/we have read and understood the advice contained within this
form. I/we have inspected the proposed property and declare that it is suitable.

Current Property

Proposed Property:

Tenant 1           Name
                   Signature
                   Date

Tenant 2           Name

                                                                                    DECLARATION
                   Signature
                   Date

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Mutual Exchange Application Inspection Form
Address:

Date Of Inspection:
Inspected By:

Number of keys for Property
Front Door             Rear Door                   Shed keys

Property Condition Checklist:
Record general condition of items, fixtures and fittings, whether
alterations are approved, ceilings, walls, doors windows etc.
Location                         Checklist/Condition
Living Room 1

Living Room 2

Entrance Hallway

Other Rooms/ Storage Areas

Kitchen                          Units/ non standard?

Staircase/landing

Bedroom1
                                                                    INSPECTION DETAILS

Bedroom 2

Bedroom 3

                                    10
Bedroom 4

Bathroom                           Condition of sanitary ware?

Sep WC                             Condition?

Loft

Garden Front And Rear              Sheds, structures, gates etc.

Gas Check 1st Check?               Electricity Check
2nd Check?
                                   Date Ordered
Date Ordered

Outgoing tenant      Name
                     Signature
                     Date

Incoming tenant      Name
                     Signature
                                                                                     INSPECTION DETAILS

                     Date

The ingoing tenant must undertake a through inspection prior to the exchange being
approved. Merthyr Valleys Homes will not be liable for any non standard repair
matters or be responsible for the installation or maintenance of any white goods,
cookers etc., includes fixtures and fittings.

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Indemnity Form
 To be completed by the incoming tenant

IMPORTANT: In signing this form you are indemnifying Merthyr Valleys
Homes from any liability concerning the condition of the above property.

In order to progress your application we may need to disclose some of your
information to other relevant third party agencies.

Merthyr Valleys Homes will comply with the Data Protection Act 1988, along with any
associated laws and codes of practices to ensure that your personal information is
adequately protected. Information provided by you on this form may also be
disclosed to other relevant third party agencies, but will only be used by Merthyr
Valleys Homes or other third parties for legitimate purposes and for monitoring and
reporting purposes and will be stored (and destroyed) securely and confidentially, in
accordance with our security and document retention policies and procedures.

Declaration:
I/We agree to accept full responsibility for all approved alterations or non-standard
modifications at this address. Also that full responsibility is accepted by me/us for
any items that have been left for my/our benefit. This would also include gardens or
external structures.

I/We agree that any alterations or work be undertaken at our property that the correct
permissions are sought from Merthyr Valleys Homes. If/I we do not comply with this
agreement. I/We will be responsible for ensuring the property is left in the same
condition that it was let at the end of My/Our Tenancy, and I/We will be responsible
for the removal of any items or effects.                                                 DEMNITY FORM (INCOMING TENANT)

Tenant 1          Name
                  Signature
                  Date

Tenant 2          Name
                  Signature
                  Date

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Mutual Exchange Checklist (For Office Use Only)
                    Tenancy And Household
Name
Address

Property reference:
Tenancy Type
Tenancy Start
Property Type
No. Bedrooms

No.Adults          Male DOB                  Female DOB

No of Children     Male                      Female
                   Under 10                  Over 10

Debt Checks
Rent Balance
H/B
HB Debt
Other Debt

Process and Authorisation
Date Received
42 Day Deadline Expires
Acknowledgement letter
Property inspection date                                  CHECKLIST – OFFICE USE ONLY
Conditional consent granted or refused and
on what grounds.
Date reference sent
Date reference received
Date exchange agreed
Date refusal sent
Date consent letter sent
Date of assignment
Date gas and electricity safety checks
complete
Date of PLI

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